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Morse v. Morse

67 A.D.2d 750 Court N.Y. App. Div. Decision date 1979-01-04 English

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p. 750
Linda R. Morse, Respondent, v Albert Morse, Appellant.

— Appeal from an order of the Family Court of Rensselaer County, entered December 13, 1977, which made an award for alimony, child support and counsel fees. A party may not appeal from an order entered upon his default, the proper remedy being an application to open the default made to the rendering court (CPLR 5511, 5015; Furci v Furci, 45 AD2d 1003 ). Appeal dismissed, without costs. Mahoney, P. J., Greenblott, Sweeney, Main and Mikoll, JJ., concur.